Trade unions are considering the implications for England and Wales of a Supreme Court ruling that sufferers of pleural plaques in Scotland can get compensation. Their legal departments are looking at what further action they can take to counter what they perceive to be a glaring geographical anomaly.

The court last week dismissed an appeal by the Association of British Insurers challenging the lawfulness of a Scottish parliament act that allowed sufferers who had come into contact with asbestos to seek compensation.

The insurers argued that paying compensation to pleural plaques sufferers was irrational and unreasonable, because no physical harm had resulted.

However, the judgment recognised that the Scottish parliament was following a social policy through the legislation, which is likely to be replicated in Northern Ireland.

The judgment restores Scottish asbestos victims to the position pertaining across the whole of the UK before the 2007 Lords judgment in Rothwell v Chemical and ­Insulating Co.

Ian McFall, head of asbestos policy at Thompsons Solicitors, said: ‘Nothing has changed for pleural plaques sufferers in England and Wales. The failure of the Westminster government to act leaves it isolated.

‘Only the discredited arguments of insurers and politicians could attempt to justify why people in Scotland and Northern Ireland whose lungs have been damaged by asbestos are entitled to compensation, while those suffering from the same condition in England and Wales are left without a remedy.’

Susan Brown, director at Prolegal, said: ‘This decision is less about asbestos and more about the right of the Scottish parliament to legislate on social policy grounds.

‘Workers in England and Wales will no doubt be puzzled to find that they are in a worse position and may wish to take this up with their own MP.’

The ABI said it is ‘disappointed’ by the judgment but remains ‘fully committed’ to continuing to pay compensation to people with asbestos-related conditions such as mesothelioma.